It is well known in Florida that if policyholders win a lawsuit against an insurer, the insurer has to pay the policyholder’s attorney fees under Florida Statutes Section 627.428. But it may be news to some that it is possible for an insured to lose the case and still get their fees paid, as long as they win something — even something small.
In the recent case of Citizens Property Insurance v. Bascuas, the Third District Court of Appeal held that, despite the insured homeowners losing their case when a jury found that they had committed fraud, the insurer was required to pay attorney fees because the policyholders had successfully defended against the insurer’s counterclaim.
